Minnesota court finds cracks in windshield-related DWI defense

It all basically started with a windshield. A crack in a Burnsville woman’s windshield prompted what has become a debated DWI and assault case. It’s gone through the district court and recently was heard and ruled upon by the Court of Appeals of Minnesota.

In 2009, the 34-year-old defendant was pulled over by an officer because he reportedly noticed that there was a significant crack on the driver’s windshield. After he pulled her over, an investigation apparently provided enough evidence to move forward with a DWI charge and more.

The defendant claims that she should not have been charged with or convicted of the charges because the officer didn’t have a reasonable reason to stop her. She says that the cracked windshield wasn’t enough to warrant being pulled over and investigated.

A district court disagreed with that theory. In March 2010, the defendant was found guilty of driving while impaired, including driving with a cancelled license and assault. The defendant and her legal team challenged the ruling, taking the case to appeals court.

The court recently affirmed the district court’s guilty verdicts. The majority agrees that the cracked windshield was a reasonable cause for the defendant to be pulled over. Minnesota law says it’s illegal to drive with a crack in one’s windshield that obstructs his or her view, giving the officer in this case a reason to stop the car and investigate.

But the defendant and the dissenting judge in the case emphasize that the officer couldn’t judge whether the crack was, in fact, obstructing the driver’s view of the road. Without that being true, therefore, he wrongfully pulled her over. Related to that doubt, the officer never even cited the defendant for the cracked windshield.

Unless the defendant takes this DWI case even higher up, however, the guilty verdicts against her still stand.

Though this case hasn’t ended favorably for the defendant thus far, it is still a good example of what can be an effective drunk driving defense. According to law, “An officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has reasonable, articulable suspicion that criminal activity is afoot.”


Leagle: “State v. Oliveros,” Filed 16 May 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

One of the questions people facing a criminal charge ask is: How long does a criminal case take? The timeline of your criminal case in Minnesota will depend on the nature and severity of the alleged crime, the speed of the criminal justice system, the duration of the trial, and whether an appeal will be necessary. Delays at any stage of the criminal justice process may impact how long your criminal case will last. Generally, however, misdemeanor cases may resolve within weeks or months, while felony cases may linger in courts for up to a year.
People accused, arrested, or charged with a crime often ask, “How much does a criminal defense lawyer cost in Minneapolis, MN?” It is difficult to accurately determine how much a criminal defense lawyer will cost. The reason is that numerous factors impact the cost of legal representation in criminal matters. These factors include the type and severity of criminal charges, the lawyer’s experience and reputation, required time and effort, and geographical location.
Social media can have legal implications, particularly when it comes to criminal cases. Since its advent, social media has become a powerful tool for communication and self-expression. As of 2023, an estimated 4.9 billion people worldwide use social media platforms such as Facebook and Instagram to share thoughts, experiences, and moments from their lives. However, in this digital age, social media activity can be used as evidence in criminal cases in Minneapolis and elsewhere.